I am confused! I have a client who was on nsESA and UC in 2021 – he is still on UC. On 10/09/2021 he failed the ESA WCA. I now have the appeal papers. In the bundle, it states “using the evidence from that [ESA] assessment, a UC decision was made on 10/09/2021 that the appellant did not have LCW. The appellant has not appealed the UC decision”.
So, my confusion is:
1. if we win the ESA appeal, is it of no benefit to my client as the UC WCA decision of the same date has not been challenged and therefore the decision stands?
2. Am I best to ask for a late MR of the UC decision and then ultimately get an appeal online?
3. Why is it necessary for a UC decision on WCA also to be made? This just causes utter confusion for claimants (and me it would seem!).
Thank you – all comments and thoughts gratefully received!